Heynike v 00222648 Ltd (Formerly Birlec Limited) & Ors (Fatal Mesothelioma) [2018] EWHC 303 (QB) (22 February 2018)

Heynike v 00222648 Ltd (Formerly Birlec Limited) & Ors (Fatal Mesothelioma) [2018] EWHC 303 (QB) (22 February 2018)

It was not necessary to imply a contract of employment between the deceased and Birlec, as the evidence showed clear agency arrangements with Lou Brawn Ltd, and neither the deceased nor Birlec intended an employment relationship. The deceased was not an employee of Birlec for statutory purposes. However, the defendants owed statutory and common law duties to ensure the safety of the deceased, and breaches of those duties were established based on the hazardous conditions and lack of adequate precautions against asbestos exposure.

Citation
[2018] EWHC 303
Parties
Claimant: Francois Maartens Heynike (executor of the Estate of David Hill, deceased); First Defendant: 00222648 Limited (formerly Birlec Limited); Second Defendant: Ministry of Defence; Third Defendant: Special Metals Wiggin Limited
Jurisdiction
England and Wales
Judgment Date
22 February 2018
Procedural Posture
Civil (tort – Fatal Mesothelioma/asbestos Exposure) / High Court Trial – Judgment on Liability
Outcome
Liability established against the defendants for breach of statutory and common law duties; quantum of damages agreed at £135,000, subject to resolution of liability.
Legal Topics
Employer's Liability, Agency Workers, Asbestos Exposure, Factories Act 1961, Asbestos Regulations 1969, Common Law Duty of Care
Tort Law Employment Law Health and Safety Law Employer's Liability Agency Workers Asbestos Exposure Factories Act 1961 Asbestos Regulations 1969 +1 more

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Parties

Francois Maartens Heynike (executor of the Estate of David Hill, deceased)

Claimant

00222648 Limited (formerly Birlec Limited)

First Defendant

Ministry of Defence

Second Defendant

Special Metals Wiggin Limited

Third Defendant

Procedural Posture

Civil (tort – Fatal Mesothelioma/asbestos Exposure) / High Court Trial – Judgment on Liability

Legal Issues

  1. 1 Whether the deceased was an employee of Birlec or an agency worker supplied by Lou Brawn Ltd
  2. 2 Whether statutory duties under the Factories Act 1961 and Asbestos Regulations 1969 applied to the defendants
  3. 3 Whether the place of work was unsafe under section 29(1) of the Factories Act 1961

Ratio Decidendi

It was not necessary to imply a contract of employment between the deceased and Birlec, as the evidence showed clear agency arrangements with Lou Brawn Ltd, and neither the deceased nor Birlec intended an employment relationship. The deceased was not an employee of Birlec for statutory purposes. However, the defendants owed statutory and common law duties to ensure the safety of the deceased, and breaches of those duties were established based on the hazardous conditions and lack of adequate precautions against asbestos exposure.

Court Disposition

Liability established against the defendants for breach of statutory and common law duties; quantum of damages agreed at £135,000, subject to resolution of liability.

Orders

  • Defendants held liable for breach of statutory and common law duties resulting in the deceased's fatal mesothelioma.
  • Damages in the sum of £135,000 to be paid to the claimant, subject to any further orders regarding apportionment or contribution.